For Release: Wednesday, June 11, 2008

DEC Revises Recreational American Shad Fishing Regulations In Response to Public Comments

In order to achieve a balance in supporting an important Hudson River fishery, the New York State Department of Environmental Conservation today released revised emergency and revised proposed permanent regulations for the taking of American shad.

Based on extensive public comments received on emergency and proposed regulations issued earlier this year, DEC has revised the emergency regulations adopted in March 2008 and has now implemented a recreational catch limit of one American shad per day, a limit that should sustain the fishery in the Hudson River and New York's Marine District. This change comes as the traditional end of the shad recreational season approaches and is effective immediately.

DEC had originally proposed a catch-and-release-only recreational fishery for American shad. The slightly less-restrictive catch limit announced today is in response to comments from anglers seeking to allow some fish to be kept. Surveys indicate that more than 90 percent of shad caught recreationally are released by anglers. In previous seasons, anglers were allowed to keep up to five fish per day.

"DEC revised these regulations because this minimal recreational take will not significantly affect the shad population and because we want to recognize the valuable contributions recreational anglers make as stewards of our natural resources," DEC Commissioner Pete Grannis said.

For commercial fishing, the actions implemented in March 2008 included a limit on certain types of fishing gear, limitations on times and places where fishing is allowed, and other changes. These commercial restrictions remain in effect and are now being proposed for permanent adoption with no revisions.

In addition to the changes to the recreational catch limit, effective immediately, DEC has also created a new recreational season for hickory shad. Public comments received during the American shad rulemaking indicated that hickory shad were being caught in the lower Hudson's brackish waters at a rate higher than previously anticipated. This species is very similar in appearance to American shad and the lack of a season on hickories could have led to more American shad being caught without restrictions. The new recreational catch limit for hickory shad is five fish per day and the season will run from August 1 through November 30.

The revised regulations are consistent with several steps being taken by New York State to help restore the Hudson River's shad populations. Last month, Governor David A. Paterson announced a new set of initiatives aimed at developing a better understanding of the Hudson River estuary ecosystem and restoring American shad and other fish species. This comprehensive program addresses several needs that are expected to help rebuild fish stocks, assess the potential causes of fishery decline, and examine other aspects of the Hudson River ecosystem to determine the River's health and ways to improve it. A Hudson River American Shad Recovery Plan is now being implemented and can be found on the DEC website at http://www.dec.ny.gov/animals/6945.html .

The initial emergency regulations were developed following meetings held by DEC earlier this year with anglers and commercial fisherman. The duration of these restrictions will depend on results of continued annual stock monitoring. Results from these studies will be evaluated annually. If young shad production remains low or declines within the next year, DEC will consider further restrictions. If the production of young increases and remains high for at least five years, DEC will consider relaxing restrictions.

While the emergency restrictions announced today are in place, DEC is proposing to make these regulations permanent. The draft proposal will appear in the State Register on June 25, 2008, and a public comment period will be held. The comment period ends on Friday, July 25, 2008. Comments can be sent to r3hrf@gw.dec.state.ny.us , or by mail to Kathy Hattala, NYSDEC-Hudson River Fisheries Unit, 21 South Putt Corners Rd., New Paltz, NY 12561.

Summary of Revised Emergency Regulations
for American shad and hickory shad in the Hudson River and Marine District

Regulation - Bold = new or revised regulation

Recreational Fishery
Hudson River and Marine District

Species - American shad Season - All year Daily limit - One (1) per day

Species - Hickory shad
Season - August 1 to November 30 in Hudson River - All year - Marine District
Daily limit - Five (5) per day

COMMERCIAL FISHERY - Hudson River

Season - March 15 to June 15

Night fishing

Gill nets and seines can only be fished 2 hr before sunrise until sunset, except below the Bear Mountain Bridge
All other licensed gears may be fished at night

Closed / restricted areas

Between the Troy Dam and Castleton (I90 and Railroad) bridges - No gill nets allowed
Betw een the Castleton (I90 and Railroad) bridges and the G. Washington Bridge - Herring gill nets allow ed, up to a maximum of 32 inch stretched mesh
Betw een the Rip Van Winkle Bridge (Catskill) and G. Washington Bridge - Shad gill nets allow ed equal to
52 inch stretched mesh
Kingston Flats - no nets of any kind may be placed on the AFlats
Drift nets only between the Bear Mountain and Newburgh-Beacon Bridges. Only drift gill nets are allowed to be possessed on the water or shores bordering the area between the Bear Mountain Bridge and New burgh Beacon Bridge

Lift (Escapement) period

AMERICAN SHAD
Duration: 84 hrs, 6am Wednesday to 6 pm Saturday

No fishing or possession of shad gill nets (equal to 5.5in stretch mesh) or seines in the river from Rip Van Winkle Bridge to G. Washington Bridge

HERRING
Duration: 36 hrs - 6am Friday to 6 pm Saturday

No fishing or possession of gill nets (up to 32 stretched mesh) between the Castleton (I90 and Railroad) bridges and the G. Washington Bridge
Herring gill nets, up to a maximum of 32 inch stretched mesh allowed 6am Wednesday to 6am Friday south of the Castleton I 90 spur.

Mesh restrictions

River herring can be taken w ith gill nets of up to 32 in stretched mesh; shad caught in herring gill nets must be thrown back.
Shad can be taken w ith a gill of 52 inch stretched mesh

Gear limits

Net cannot exceed 600 feet

One net per permittee
Permittee must be in immediate attendance of net w hen fishing except for fixed gear below the Bear Mountain Bridge